September 19, 1972
Page 31208
Mr. MUSKIE. Mr. President, one other amendment falls in the category of the one just considered, and I call up amendment No. 1525.
The PRESIDING OFFICER. The amendment will be stated.
The assistant legislative clerk read as follows:
On page 107, lines 10 and 11, strike "except as required to carry out the provisions of this Act".
On page 107, lines 17 and 18, strike "except as required to carry out the provisions of this Act".
On page 107, following line 25, insert the following new subsections:
"(d) to delay or otherwise limit the adoption and vigorous enforcement, by the State, of standards, criteria, emission or effluent limitations, monitoring requirements, or implementation plans which are no less stringent than the standards, criteria, emission or effluent limitations, monitoring requirements, or implementation plans required by the Federal Water Pollution Control Act, the Clean Air Act, or other Federal laws controlling pollution; and
"(e) to adopt any Federal policy or requirement which would prohibit or delay States or local governments from adopting or enforcing any law or regulation which results in prohibition or strict control of land use development in any area over which the State or local government exercises jurisdiction.".
Mr. MUSKIE. Mr. President, the Senator from Washington (Mr. JACKSON) and I have reached agreement on this amendment with some slight modifications in the printed amendment. I have not attempted to call it up for reasons already stated. Several Senators have urged me to bring it up. So I do so, and support it fully, if it continues to have the support of the floor manager of the bill.
The PRESIDING OFFICER (Mr. CHILES). Does the Senator modify his amendment?
Mr. MUSKIE. Yes. I send the amendment to the desk with the modifications.
The PRESIDING OFFICER. The amendment will be so modified.
Mr. JACKSON. Mr. President, as I understand it, the Senator is modifying his amendment, beginning on line 1, page 1 of the amendment, to strike out the words "required to carry out" and insert in lieu thereof "new authority or responsibilities have been added by"; and then striking out on page 2, line 11, the word "strict" and then inserting after the word "control," "to a degree greater than required by this Act." Is that right?
Mr. MUSKIE. Yes.
Mr. JACKSON. I am very pleased to accept the amendment offered by the Senator from Maine to section 512 of the act.
Mr. MUSKIE. I might at this point explain the amendment for the RECORD. Everyone is involved – the two Senators from Vermont and a number of other Senators, and they all know what it is, but it might be useful for the RECORD if I state the purposes of the amendment.
This amendment has three purposes, all designed to protect Federal, State, and local environmental controls:
First, assure that provisions of other Federal laws and Federal policies are not superseded by this act. That potential is raised by provisions in subsection (b) and (c) of section 512 which imply that other Federal laws are repealed where inconsistent with this law. My amendment removes these provisions;
Second, assure that State efforts to implement the standards, criteria, emission or effluent limitations, monitoring requirements or implementation plans required by the Clean Air Act, the Federal Water Pollution Control Act, or other Federal laws, are not compromised or otherwise made less stringent by this act.
Finally and this may be what the two Senators from Vermont are particularly interested in, it protects the option of any State or local government to adopt more restrictive controls on land use development, if they so desire, regardless of any of the policies set forth in this act.
Mr. STAFFORD. Mr. President, will the Senator from Maine yield?
Mr. MUSKIE. I yield.
Mr. STAFFORD. I want to express my appreciation, as one of the two Senators from Vermont interested in this matter, to the distinguished Senator from Maine for bringing up this amendment. I am glad he has done so. It is a good amendment to the pending legislation.
Representing Vermont, we feel that it will protect the forward-looking efforts we have made in our State.
I thank the Senator for offering his amendment and I fully support it.
Mr. JACKSON. I yield back my time.
Mr. MUSKIE. I yield back my time.
The PRESIDING OFFICER. All time on this amendment has been yielded back.
The question is on agreeing to the amendment of the Senator from Maine (Mr. MUSKIE), No. 1525, as modified.
The amendment, as modified, was agreed to.